INSIDE LAKESIDE
Log In or Register

Check your spam/junk folder for activation e-mail after you register.

How to check up on your Mexican attorney in litigation

View previous topic View next topic Go down

How to check up on your Mexican attorney in litigation

Post by Intercasa on Tue Apr 26, 2011 4:59 pm

So I see all sorts of mistakes that attorneys make and I doubt even 1% of their clients know they make these mistakes, some are HUGE!

Here in Mexico there are no oral proceedings for the most part and most everything is done by turning in a written request and then the court issues a ruling.

If you are involved in litigation ask your attorney to provide you a copy of each request turned into the court within 24 hours of doing so. It doesn't matter that you speak or understand Spanish as it will help you build a file, something which few people have and if their attorney turns out to be a real dud, you'll need a full copy of your file to have the next guy clean up the mess. Only an attorney with something to hide will not provide this to his client or one that is lazy or cannot afford a $800 peso scanner or 1 peso for a copy.

More importantly than a copy of the request to the court is what the court answers back. Sometimes the court orders can be from 1 page to 3 or 4 or more. The heading is really what matters as reading it you'll know if your attorney screwed up.

On the top it says "AUTO" (meaning court ruling)

Then the following are danger signs that your attorney screwed up (these are the most common):

NO SE ADMITE This is where your attorney did the lawsuit wrong and the court won't accept it. Sometimes the attorney can correct and resubmit (wait an extra time period, pretty much start from scratch most times), other times they chose the wrong court, manner or relief, didn't wait or do it in time, etc.

SE PREVIENE This is where the attorney forgot to include something, perhaps as simple as a copy of the suit to be served on the other party, a copy of the plaintiff's FM3 or other document to show they are legally in the country and sometimes they really aren't attorneys and pretending to be and have a 3 day period within which to show their attorney ID, among other things. There is a time period here to act, usually 3 days and do things properly or else your case gets kicked and you start from scratch.

NO HA LUGAR This is where the attorney asks the court for something and it is denied. Commonly this is where the attorney asks the court to start or conclude an evidentiary period but perhaps they calculated the time wrong or some other improper request.

Knowledge is power. These are general terms but will allow you to see, if your attorney seems to be always getting rulings with these headings then maybe they don't know what they are doing or the court just hates them, either way it is not good news for you. The court also makes mistakes (they are human but this isn't too common)so everything needs to be taken into consideration but some attorneys just don't know what they are doing and have no business practicing and prey on the naivete of the foreigners by showing off their sparse English skills. Just because another gringo recommends an attorney doesn't mean they know what they are doing. Litigation separates the men from the boys (not a crowbar). Some cases a monkey can win, others will challenge even the most experienced jurist.


Last edited by Intercasa on Thu Apr 28, 2011 8:17 am; edited 1 time in total
avatar
Intercasa
Share Holder
Share Holder

Posts : 2714
Join date : 2010-04-05
Age : 46
Location : Chapala / Zapopan
Humor : Barbed wit

Back to top Go down

Re: How to check up on your Mexican attorney in litigation

Post by Solovino on Tue Apr 26, 2011 8:02 pm

Are you an attorney?

Solovino
Share Holder
Share Holder

Posts : 1131
Join date : 2010-04-06

Back to top Go down

Re: How to check up on your Mexican attorney in litigation

Post by Intercasa on Tue Apr 26, 2011 8:53 pm

I am working under one (attorney) and completing an internship with the civil court in Chapala and work with the notifier and we handle notifications and processing of all court rulings daily so I see them all.

I work Mondays, Wednesday and Fridays 9am to 3pm and if there is nothing to do I sit and read lawsuits from start to finish. I'm learning so much and every week I learn more. The items above that I posted are what I focus on as I want to see what mistakes are made so I can avoid them. Usually only the litigants or their attorneys have access to court files but if you work at the court then you do as well. I am very fortunate to have met so many good people who are happy to help me learn.

This is the stuff they don't teach you in law school and the staff is very nice as I always have questions and they will even explain court rulings to me if there seems to be a contradiction. I also get invited to accompany them to the other courts in Guad and the court administration.

I am on track to finish my law degree, community service and have my cedula by year end.
avatar
Intercasa
Share Holder
Share Holder

Posts : 2714
Join date : 2010-04-05
Age : 46
Location : Chapala / Zapopan
Humor : Barbed wit

Back to top Go down

Re: How to check up on your Mexican attorney in litigation

Post by Solovino on Tue Apr 26, 2011 9:36 pm

Darn, I wish they would have had one of those easy and cheap correspondence law degrees when my daughter studied law at ITESO and worked afternoons at a bufete in Guadalajara. I might be retired by now with the tuition and all the books and other costs I would have saved. Of course she really knows the law.

Solovino
Share Holder
Share Holder

Posts : 1131
Join date : 2010-04-06

Back to top Go down

Re: How to check up on your Mexican attorney in litigation

Post by Intercasa on Thu Apr 28, 2011 8:16 am

Easy, yes somewhat; cheap, not among the cheapest. Working at the court, invaluable for experience and contacts. Where did your daughter do her servicio social? Please don't tell me some place that wasn't a court. Oh my God, some attorneys do their servicio social at the airport, others on the via recreativa watching people ride bikes and they wonder why they don't kn ow anything!

When it is all over nobody really cares where you got your degree, all they care about is your proficiency, aptitude in the courts and who you know so you can get things done. You learn that by working at a firm and / or the courts.

If your daughter litigates in Chapala then she knows me and I've seen her work. I read all court orders and make summaries of them so see it all.
avatar
Intercasa
Share Holder
Share Holder

Posts : 2714
Join date : 2010-04-05
Age : 46
Location : Chapala / Zapopan
Humor : Barbed wit

Back to top Go down

Re: How to check up on your Mexican attorney in litigation

Post by ferret on Thu Apr 28, 2011 9:30 pm

You underestimate yourself Spencer. It ain't easy at all doing online courses. You have to be a disciplined and motivated self starter. That takes a special kind of dedicated individual. You've set a goal for yourself and are achieving it at the rate that you want. Kudos
avatar
ferret
Share Holder
Share Holder

Posts : 3451
Join date : 2010-05-23

Back to top Go down

Re: How to check up on your Mexican attorney in litigation

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum